The Supreme Court today issued notice to the Allahabad High Court in a matter concerning broad parameters which can be considered for granting bail in long pending criminal appeals.
The Bench of Justices Sanjay Kishan Kaul and Hrishikesh Roy observed,
"We want to lay down some norms only on the ground that appeals have not been heard for years. People can't be in custody for this long."
The Court stated in its order that it "expects" that even before the next date of hearing, the State of Uttar Pradesh takes proactive action in cases in which persons are languishing in jail for long periods without bail.
Additional Advocate General for UP Garima Prashad told the Bench that most of the people who languish in jail without bail are those do not have adequate economic means.
The matter will now be heard on September 22, 2021.
In a note submitted to the apex court, the UP government laid down two broad criteria to be taken into account while considering bail pleas:
- Total period of actual imprisonment undergone
- Period of pendency of criminal appeal.
Within such categories, it was suggested that the following considerations would be taken into account:
- Heinous nature of crime
- Past conduct and criminal history
- Deliberate delay in pursuing appeal
- Appellant/convict must approach the High Court at the first instance.
The report recommended laying down additional conditions such as personal appearance before the High Court.
[Read a live account of the hearing]